DEFENCE FOI 665/24/25
STATEMENT OF REASONS UNDER THE FREEDOM OF INFORMATION ACT 1982
1.
I refer to the request by Francis Unmeopa (the applicant), dated and received on
20 February 2025 by the Department of Defence (Defence), for access to the following
documents under the
Freedom of Information Act 1982 (Cth) (FOI Act):
…the documents detailing the revocation of the 1 SAS Squadron Unit Citation for
Gallantry (awarded on the 27th of November 2003) for ‘Operation Falconer’ to those
members that, although eligible in November 2003, did not meet the individual qualifying
criteria approved by the CDF in December 2003.
FOI decision maker
2.
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on
this FOI request.
Documents identified
3.
I identified no documents as falling within the scope of the request.
Decision
4.
I have decided to refuse the request under section 24A [requests may be refused if
documents cannot be found, do not exist or have not been received] of the FOI Act.
Material taken into account
5.
In making my decision, I have had regard to:
a. the terms of the request;
b. relevant provisions of the FOI Act;
c. the Guidelines published by the Office of the Australian Information
Commissioner under section 93A of the FOI Act (the Guidelines); and
d. advice of the Directorate of Honours and Awards.
REASONS FOR DECISION
Section 24A – Requests may be refused if documents cannot be found, do not exist or have
not been received
6.
Section 24A(1) of the FOI Act states:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
2
7.
Paragraph 3.94 of the Guidelines advises the detail this statement of reasons should
include to refuse a request under section 24A(l):
…the statement of reasons given to the applicant should sufficiently identify the
document, explain why it cannot be found or is known not to exist or to be in the
agency’s possession, describe the steps the agency took to search for the document,
and note the limitations of any search…
8.
To ensure that all reasonable steps have been taken in relation to this request, every
reasonable avenue of locating potential documents have been exhausted.
9.
The Defence Records Management System (DRMS) was searched for files containing
the words
‘Revoke’ and
‘Revocation’. No records were found matching the applicant’s
scope.
10.
I am satisfied that all reasonable steps have been taken to locate the documents sought
by the applicant. I am satisfied that the documents cannot be found or do not exist, and
refuse the request under section 24A(1) of the FOI Act.
FURTHER INFORMATION
11.
The Directorate of Honours and Awards has advised that awards of the Unit Citation
for Gallantry for conferred upon units, not individuals. However, individual members
of cited units are entitled to wear the insignia of the Unit Citation for Gallantry with a
Federation Star emblem if their service meets the eligibility criteria approved for each
award of the unit citation.
12.
When the Unit Citation for Gallantry was awarded to 1 Special Air Service Squadron in
November 2003, the Chief of the Defence Force agreed to eligibility criteria that met
Command’s intent to recognise members of 1 Special Air Service Squadron who
conducted combat operations within Iraq during the 2003 Iraq War. That cohort of
personnel was, therefore, determined to be entitled to wear the insignia of the Unit
Citation for Gallantry. Members of 1 Special Air Service Squadron whose service did
not meet the eligibility criteria approved by the Chief of the Defence Force were not
eligible. Therefore, no entitlements were revoked.
Digitally signed
adam.d by
adam.dellaquila
ellaquilaDate: 2025.03.24
10:41:04 +11'00'
A. dell’Aquila
Accredited Decision Maker
Defence People Group
Department of Defence
